British broadcaster and naturalist Chris Packham CBE has
launched a legal challenge against the government’s decision to go ahead with HS2.
Leigh Day, solicitors for Packham, said it has sent a “Pre-Action
Protocol” letter arguing that the decision to complete the controversial high-speed
rail project was unlawful because it failed to take into account the government’s
new commitment to achieve net zero emissions by 2050.
The Springwatch presenter said the decision was based
on the “flawed” Oakervee review, which “failed to take into account the full
environmental costs of the project” and did not provide a thorough assessment
of such issues. He argued that the final report did not sufficiently evidence
its claim that the impact of the project is likely to be close to carbon neutral.
Packham said: “We live in a time of absolute crisis. Our future
and that of the planet upon which we live and depend is critically threatened.
Therefore, we look to our leaders not just for good, but for great governance.
We ask for best informed decisions to be made in the terrifying face of a declared
climate and environment emergency. Every important policy decision should now
have the future of our environment at the forefront of its considerations.
“But in regard to the HS2 rail project I believe our
government has failed. I believe the review central to the mandate to proceed
was seriously flawed in its methods. I believe that essential submissions
regarding environmental concerns were ignored by the review panel. As a consequence,
the Oakervee review is compromised, incomplete and flawed and thus the decision
to proceed based upon it is unlawful. Today some of us are making a last stand
for nature and the environment and we will not go quietly into any good night.”
Packham claimed HS2 will cause damage to nearly 700 wildlife
sites, including more than 100 ancient woodlands.
This is not the first legal action brought by Packham
against the project. In September 2019, he threatened action against the
transport secretary’s decision to allow work on the first phase of the rail
line to go ahead whilst a decision was being made, which he claimed would have
caused damage to 13 ancient woodlands. The government conceded the case before
it went to court and works involving woodlands were paused.
Tom Short, a solicitor at Leigh Day representing Packham,
commented: “In a time of unprecedented ecological catastrophe, he [Packham] is
clear that the law, and moral logic, require the government to think again.”
Packham’s legal challenge comes after the Supreme Court
ruled that the government’s decision to approve a third runway at Heathrow
airport was unlawful because it failed to properly take into account the
environmental impact of growth.